House Committee Substitute amends the 1st edition of the bill as follows:
In the new GS 163A-1411(29), changes the term “digital communication” to “qualified digital communication” and clarifies that this term means any communication, for a fee, placed or promoted on a Web site or online platform, and adds to the characteristics of a qualified digital communication the requirement that it have 100,000 or more unique monthly United States visitors or users for a majority of the immediately preceding 12 months.
Modifies amendments to GS 163A-1411(41) to clarify that, within the definition of an electioneering communication, a digital communication is a qualified digital communication and that among its characteristics is that it may be received by 5,000 or more individuals in the state in an election for statewide office or 750 or more individuals in any other election.
Amends GS 163A-1475(1) to clarify that a qualified digital communication is included within the definition of advertisement.
Deletes amendments in 2nd ed. to GS 163A-1411(43), 163A-1411(70), and 163A-1434(b).
Modifies amendments to GS 163A-1476 to clarify throughout that section that the digital communications are qualified digital communications, and that the disclosure statement must be in letters at least as large as the smallest text and have a reasonable degree of color contrast between the disclosure statement and the background.
Adds new section amending GS 163A-1477 to add qualified digital communications to disclosure requirements.
Modifies effective date clause to make the act effective September 1, 2018 (was January 1, 2019), and applies to elections conducted on or after that date.
Bill Summaries: H1065 (2017-2018 Session)
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Bill H 1065 (2017-2018)Summary date: Jun 12 2018 - View summary
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Bill H 1065 (2017-2018)Summary date: May 31 2018 - View summary
Amends GS 163A-1411, which sets out defined terms applicable to Article 26 of GS Chapter 163A, Regulating Contributions and Expenditures in Political Campaigns. Adds the term digital communication and defines the term to mean any communication placed on an online platform that (1) is a public-facing website, web application, or digital application, including a social network, advertising network, or search engine and (2) sells political advertisements, including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorship. Additionally, modifies the definition of electioneering communication to include digital communication that meets the existing specified characteristics, including that the communication may be received by 50,000 or more individuals in the state in an election for statewide office or 7,500 or more individuals in any other election. Further amends the statute to incorporate digital communications to exclude from the term electioneering communication a communication appearing in a news story, commentary, or editorial distributed through the facilities of any online or digital newspaper, magazine, blog, publication, or periodical unless the online or digital facilities are owned or controlled by any political party, affiliated party committee, political committee, or candidate. Makes conforming change to expand the exclusion of a communication made by a news medium from the term electioneering communication to include communications beyond those in print. Lastly, amends the definition of mass mailing to include messages sent and received electronically to 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election.
Amends GS 163A-1434, concerning statements of media outlets regarding political advertising, to specify a media outlet includes any online platform that meets the characteristics of digital communication as defined in GS 163A-1411(29), as amended above.
Amends GS 163A-1475, which sets out defined terms that apply to Part 2 of Article 23 of GS Chapter 163A, Disclosure Requirements for Media Advertisements. Modifies the definition of advertisement to include any message appearing through digital communication that constitutes a contribution or expenditure under Article 23. Modifies GS 163A-1476 to make applicable to advertisements through digital communication the existing basic disclosure requirements for all political advertisements. Provides for the size requirements of the disclosure statement for digital communication advertisements and provides for cases where dissemination is through a medium in which provision of the disclosure statement is not possible. Makes conforming changes to include the misrepresentation of sponsorship or authorization of an advertisement through digital communication in those violations punishable as a Class 1 misdemeanor.
Effective January 1, 2019, and applies to elections conducted on or after that date.